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THOMPSON v. WHINNERY

No. 93SC495.

895 P.2d 537 (1995)

Nicole Renea THOMPSON and Sonya Ann Thompson, Petitioners, v. Helen E. WHINNERY, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 5, 1995.

Attorney(s) appearing for the Case

Mathis and Masters, P.C., David L. Masters, Montrose, for respondent.

Coleman, Jouflas & Williams, Gregory Jouflas, Joseph Coleman, Grand Junction, for petitioners.

Justice LOHR delivered the Opinion of the Court.

This case presents the issue of whether an implied easement of necessity was created across lands now owned by petitioners Nicole Renea Thompson and Sonya Ann Thompson for access to ten acres of land now owned by respondent Helen E. Whinnery (Whinnery) when a 194 acre parcel, of which the ten acres is a part, was severed by conveyance in 1938 from the adjoining lands of the Thompsons.1 The...

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